Barry Lyon, DDS, the dental director for Main Street Children’s Dentistry and Orthodontics and the chief clinical auditor for Dental Care Alliance, recently spoke with Becker’s about informed consent and why it is essential for patient care.
Editor’s note: This response was lightly edited for length and clarity.
Dr. Barry Lyon:
Dentists and DSOs must employ numerous safeguards to ensure they are in compliance with all state health regulations. One such safeguard, often seen as a mere formality, is informed consent. However, it is an essential component of a patient’s dental health record.
A dentist should inform their patient of proposed treatment, and any reasonable alternatives, in a manner that allows the patient to become involved in treatment decisions. Generally, the doctrine of informed consent acknowledges a patient’s right to make decisions based upon an understanding of all treatment options along with the risks and benefits of a given procedure. In Maryland for example, in order for a patient to make an informed decision regarding proposed treatment, a legal duty exists to obtain the consent of the patient after adequately disclosing the nature of the condition to be treated, the nature of the treatment being proposed, the probability of success of that treatment, alternatives, if any, and the risks associated with the proposed treatment. A signed and dated consent form is evidence that these matters were adequately discussed with the patient and that the patient knowingly consented to the proposed treatment. In the event the patient is a minor or one who is disabled, informed consent must be obtained from the parent or guardian.
A missing informed consent can expose the dentist and the DSO to significant consequences. A patient may be able to sue for medical malpractice if they suffer harm from a procedure they did not fully understand or consent to. It is entirely possible that a lack of consent can lead to criminal charges of battery, which is the unauthorized touching of another person that causes harm.
Failing to have a signed informed consent can lead to physical, emotional or financial harm to the patient. This “mere formality” of informed consent is not something to be taken lightly.
